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Van Liew at a loss -- again

CHELMSFORD -- A Superior Court judge has ruled in favor of the town in a public-records lawsuit, dealing Chelmsford businessman Roland Van Liew another court loss against public officials.

Van Liew submitted a public-records request last December seeking copies of no-bid and emergency-procurement contracts signed by the town, and then requested copies of contracts with firms off a state bidders list, which includes companies with which the state already has agreements. Town Manager Paul Cohen, one of the defendants in the suit, told Van Liew in a letter that the town had no such contracts.

Van Liew then sent a third public-records request, which sought all written contracts entered into by the town "which did not go out to bid prior to awarding any such contract" and all contracts that were "not competitively bid" before they were awarded.

One such contract, which the town signed with Trinity EMS for emergency ambulance service, met Van Liew's criteria, Cohen responded. Van Liew filed a lawsuit days later, against Cohen and the Board of Selectmen, saying the town was violating Massachusetts public records laws.

At the time the suit was filed, Van Liew had taken out nomination papers for what became a run, which was ultimately unsuccessful, for Board of Selectmen.

Superior Court Justice Maynard M. Kirpalani sided with the town, saying Van Liew was given the only document that matched his request. Van Liew's argument that the town is untrustworthy in providing documents is "unavailing," Kirpalani said.

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"The plaintiff has failed to establish that an actual controversy exists, and as such, the court must dismiss his claims," Kirpalani said.

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